3-5. A clear understanding of the roles and responsibilities of each organization, agency, and corresponding primary positions of responsibility is essential to effective mission execution. The following are categories of I/R populations and the various commanders and staffs or multifunctional agencies that are involved in the support of I/R operations:
Detainees. The Army is the DOD executive agent for detainee operations. The Secretary of Defense, Provost Marshal General (PMG), combatant commander, joint task force commander, theater PM, and ICRC, along with their respective support staffs, are involved in internment operations involving detainees. (Detailed guidance for detainee operations that incorporate lessons learned from recent operations in the war on terrorism are presented in chapter 5). U.S. military prisoners. The Army is the DOD executive agent for long-term confinement of U.S. military prisoners. U.S. military prisoners must be guarded to prevent escape and cannot be confined in immediate association with detainees, DCs, or other foreign nationals who are not members of the U.S. armed forces. The PMG; commander, U.S. Army Corrections Command; theater PM and the chain of command, along with their respective support staffs, are all involved in the confinement process for U.S. military prisoners. (Detailed guidance for battlefield confinement of U.S. military prisoners is presented in chapter 7.)
DCs. DCs are kept separate from detainees and U.S. military prisoners. DCs are controlled to prevent interference with military operations and to protect them from combat. DCs may also require assistance during natural or man-made disasters and subsequent humanitarian-assistance missions. The Department of Homeland Security, Secretary of Defense, Secretary of the Army, and UN High Commissioner for Refugees, along with their respective support staffs, are involved in resettlement operations to support and protect DCs. (Detailed guidance for military police support to humanitarian-assistance operations and emergency services is presented in chapter 10.)
S
ECRETARY OFD
EFENSE3-6. The Secretary of Defense has overall responsibility for matters relating to detainees or DCs. Within the DOD, the Under Secretary of Defense for Policy provides for the overall development, coordination, approval, and implementation of major DOD policies and plans relating to I/R operations, including the final coordination of proposed plans, policies, and new courses of action with DOD components and other federal departments and agencies as necessary. The specific division responsible for I/R policy issues within the office of the Under Secretary of Defense for Policy is the Deputy Assistant Secretary of Defense for Detainee Affairs. The DOD general counsel provides legal advice to the Secretary of Defense and DOD on detainee matters.
S
ECRETARY OF THEA
RMY3-7. The Secretary of the Army is designated as the DOD executive agent for the DOD detainee program (DODD 2310.01E) and in that role—
Ensures that responsibilities and functions of the DOD detainee program according to DODD 2310.01E are assigned and executed.
Develops and promulgates program guidance, regulations, and instructions necessary for the DOD-wide implementation of DODD 2310.01E.
Communicates directly with the heads of DOD components, as necessary, to carry out assigned functions.
Designates a single point of contact (within the DA) who will also provide advice and assistance to the Office of the Deputy Secretary of Defense for Detainee Affairs and the Undersecretary of Defense for Policy for detainee operations.
Plans for and operates the NDRC and its elements to account for detainees. The Secretary of the Army coordinates with the Undersecretary of Defense for Policy to provide reports on detainee operations to the Secretary of Defense and others as appropriate.
Recommends DOD-wide detainee affairs related planning and programming guidance to the— Undersecretary of Defense for Policy.
Under Secretary of Defense for Acquisition, Technology, and Logistics; Intelligence; Personnel and Readiness; and Comptroller.
Assistant Secretary of Defense for Networks and Information Integration. Director of Program Analysis & Evaluation.
Chairman of the Joint Chiefs of Staff (CJCS).
Note. Provide copies of such guidance to the secretaries of military departments.
Establishes detainee operations training and certification standards in coordination with the secretaries of the military departments and the joint staff.
Develops programs to ensure that all DOD detainee operations policies; doctrine; tactics, techniques, and procedures; and regulations or other issuances are periodically reviewed and evaluated for effectiveness and compliance with DOD policies.
P
ROVOSTM
ARSHALG
ENERAL3-8. The Secretary of the Army further designates the PMG as the Secretary of the Army action agent to exercise the executive agent role for detainee operations and long-term confinement of U.S. military prisoners. The PMG develops and disseminates policy guidance for the treatment, care, accountability, legal status, and processing of detainees. The PMG provides Headquarters, DA, staff supervision for the DOD and ensures that plans are developed for providing ISNs to the TDRC and replenishing ISNs.
3-9. The PMG provides staff assistance and technical advice to various agencies, including— Office of the Secretary of Defense.
Joint Chiefs of Staff. Military departments. Combatant commands.
Department of State and other federal agencies. NGOs.
C
OMMANDER,U.S.A
RMYC
ORRECTIONSC
OMMAND3-10. The U.S. Army Corrections Command mission is to exercise C2 and operational oversight for policy, programming, resourcing, and support of Army Corrections System facilities and table of distribution and allowances elements worldwide. On order, the U.S. Army Corrections Command coordinates the execution of condemned military prisoners. Strategic objectives include—
Providing a safe environment for the retributive incarceration of prisoners. Protecting communities by incarcerating prisoners.
Deterring those who might fail to adhere to discipline laws and rules.
Providing rehabilitation services to prepare prisoners for release as civilians or for return to duty with the prospect of being productive Soldiers/citizens.
Supporting commanders worldwide by developing detainee experts through experiential learning in a prison environment.
C
OMBATANT,T
ASKF
ORCE,
ANDJ
OINTT
ASKF
ORCEC
OMMANDERSwar and applicable U.S. policies and directives and receive guidance from the Secretary of Defense. They—
Issue and review appropriate plans, policies, and directives as necessary. Plan, execute, and oversee detainee operations according to DODD 2310.01E.
Ensure that all members of DOD components, contract employees, and others assigned to or accompanying DOD components are properly trained and certified and are maintaining records of training and certification.
Provide for the proper treatment, classification, administrative processing, and custody of those persons captured or detained by military services under their C2.
Ensure that detainee and DC accountability is maintained using the Detainee Reporting System (the official NDRC Data Collection System for processing detainees and issuing ISNs).
Ensure that suspected or alleged violations of the law of war are promptly reported to the appropriate authorities and investigated.
Ensure that personnel deployed in operations across the spectrum of conflict are cognizant of their obligations under the law of war.
Designate a CDO. (The CDO is responsible for all detainee operations and has command over all detention and interrogation facilities within an AO. The CDO will typically be the senior military police commander in a theater.)
Are responsible for all facets of the operation of internment facilities (theater and strategic) and all facility-related administrative matters.
Ensure that detention operations comply with the principles of the Geneva Conventions and the intent of the commander in chief.
Support and improve the intelligence-gathering process with everyone who has contact with detainees.
C
OMMANDER,D
ETAINEEO
PERATIONS3-12. The CDO is typically responsible for all detention facility and interrogation operations in the joint operations area. The CDO should have detainee operations experience and will normally be the senior military police commander. If the size and scope of the detainee operation warrants, the joint force commander may consider designating a general or flag officer as the CDO. (See JP 3-63.) The CDO does not normally perform duties as the operating commander of an I/R facility. MI and medical units or personnel will retain control of their respective activities through technical channels. For example, the CDO—
Reports directly to higher headquarters on detainee matters.
Establishes a technical chain of command with medical and MI assets operating within the facility.
Exercises control over assets performing detainee interrogation operations at the theater level; however, the JIDC retains technical authority for interrogation functions and intelligence reporting.
Ensures effective communication between JIDC personnel and detention facility commanders. Reviews interrogation plans. (The CDO does not establish interrogation priorities, but will work with the detainee operations staff and higher headquarters to resolve any issues with implementing the interrogation plan according to the approved Army forces standards for interrogations. The CDO does not approve or disapprove interrogation plans.)
Provides policies and operational oversight, to include developing and disseminating detainee policies, directives, and operation orders.
Ensures that U.S. armed forces who are conducting detainee operations comply with the law of war and U.S. laws, regulations, and policies.
Ensures that other government agencies adhere to DOD policies and procedures while performing detainee interrogation operations at DOD facilities.
Note. The CDO and his/her designated representatives will have unfettered access to all areas and operations.
Ensures that allegations of mistreatment are immediately reported through the chain of command and investigated by the Military Criminal Investigation Organization according to U.S. policies. Ensures that ISNs are issued according to current policies and procedures (normally conducted at the TIF level).
Ensures that detainee accountability and reporting are done properly through the TDRC to the NDRC.
Ensures that detainee board processes are supervised.
Coordinates visits from representatives of the ICRC and/or protecting powers. Coordinates external visits to detainees.
Coordinates sustainment requirements across the spectrum of detainee operations.
Note. Sustainment requirements normally range from the establishment of internment facilities through sustained operations to the final transition and disposition of internment facilities and detainees.
Plans the transition of detainee operations from U.S. armed forces to the HN, to include— Planning and building long-term internment facilities for transitioning detainees to HN
prisons.
Coordinating with the appropriate DOD authorities, HN government authorities, HN penal authorities, and protecting powers for planning and implementing the transition and transfer of internment facilities and detainees.
Coordinating with other government agencies to support HN corrections and guard force training programs.
Coordinating with the HN judicial system for disposition the of criminal cases. Coordinating with HN authorities for the release or repatriation of detainees.
Accounting for and transferring detainee records (including photographs), personal property, and evidence to the HN penal/judicial authorities.
D
ETENTIONF
ACILITYC
OMMANDER3-13. The detention facility commander is the commander for an individual detention facility. The detention facility commander normally does not serve as a CDO when also functioning as a TIF commander. In internment facilities, the detention facility commander ensures, at a minimum, that—
Internment operations are conducted according to applicable laws and policies.
Members of the staff and command are thoroughly familiar with applicable ARs, SOPs, directives, international laws, and administrative procedures.
Facility personnel are trained on facility SOPs, applicable ARs, directives, international laws, and administrative procedures.
The safety and well-being of all personnel operating and housed within the internment facility are maintained.
All personnel are properly trained on the RUF and are familiar with the law of land warfare and other applicable laws and policies.
Standards, policies, and SOPs (for detainee operations) are developed and implemented to ensure compliance with AR 190-8 and that all personnel have an effective knowledge of the internment facility SOP.
Suitable interrogation space and resources, to include provisions for live monitoring, are provided within the internment facility to facilitate the intelligence collection mission.
Coordination is made with the base commander, JIDC commander, and medical and other assets regarding facility protection.
3-14. When operating in detention facilities, HUMINT collectors and medical personnel are under the direction of the detention facility commander for actions involving the humane treatment, custody, and evacuation of detainees and for facility protection. Tactical control does not include the prioritization of interrogations by HUMINT personnel or intelligence and medical operations within the facility. MI and medical units or personnel will retain technical authority for their activities from the MI and medical higher headquarters, respectively. For instance, MI personnel will receive operational guidance through the MI technical chain of command for interrogation activities and intelligence reporting. Guidance obtained through technical channels for intelligence and medical personnel may include—
Ensuring that applicable U.S. laws and regulations, international laws, execution orders, FRAGOs, and other operationally specific guidelines (for example, DOD policies) are followed. Ensuring that approved doctrinal approaches and techniques are used properly.
Providing technical guidance for interrogation activities.
3-15. The detention facility commander coordinates closely with MI personnel to permit the effective accomplishment of military police and MI missions at the facility by—
Conducting regular coordination meetings with the interrogation element.
Developing an SOP (in conjunction with the JIDC commander and/or senior interrogator) to deconflict the internment and interrogation missions. Considerations include—
The need for military police and MI personnel to use incentives for different purposes and at different times. The proper coordination between military police and MI personnel is necessary so that, when interrogators promise an approved incentive to a detainee, the military police ensure that the detainee receives the incentive and is allowed to retain it. The use of incentives must be coordinated with, and approved by, the detention facility commander. The provision and withdrawal of incentives may not affect the baseline standards of humane treatment. For example, military police may provide incentives such as special food items. When those incentives are withdrawn, however, military police must still provide the normal rations. Failure to cooperate in an intelligence interrogation cannot result in disadvantageous treatment. The withdrawal of incentives provided to similarly situated detainees must be based on disciplinary reasons or reasons of security, not failure to cooperate with HUMINT interrogations.
A system of information exchange between the military police and interrogators about the actions and behaviors of detainees and other significant events associated with detainees. The interrogation chain of command’s coordination on the interrogation plan with the CDO.
The CDO (in conjunction with the MI commander) may convene a multidiscipline custody and control oversight team including, but not limited to, military police personnel, MI personnel, a behavioral science consultant (if available), and legal representatives. The team can advise and provide measures to ensure that effective custody and control is used and compliant with the requirements of applicable U.S. laws and regulations, international laws, execution orders, FRAGOs, and other operationally specific guidelines. Guards do not conduct intelligence interrogations and will not set the conditions for interrogations. Guards may support interrogators as additional security (for example, for combative detainees) according to JP 3-63, FM 2-22.3, and the approved interrogation plan.
The maintenance of an effective, two-way communications system between military police and MI elements.
Training personnel at the internment facility for the mutual understanding of military police and MI missions. Interrogation operations familiarization training for military police.
Providing suitable interrogation space and resources within the internment facility to facilitate the intelligence collection mission.
Authorizing outside access to MI-held detainees only when coordinated with the interrogation element and G-2X and/or J-2X.
3-16. With specific regard to detainees, the detention facility commander—
Is responsible for the administrative processing of each detainee. (When processing is complete, DA Form 2674-R [Enemy Prisoner of War/Civilian Internee Strength Report] is transmitted to the TDRC.)
Ensures that detainees are treated humanely. (The detention facility commander will have unfettered access to all areas and operations.)
Immediately reports allegations of detainee mistreatment immediately through the appropriate chain of command.
Ensures that cadre and support personnel understand the different rules and procedures applicable to each category of detainee. (Military police leaders and Soldiers must be constantly aware of the category of personnel they are handling and enforce the applicable rules and regulations.)
Ensures that the following items are posted in each facility in English and the language of the detainees housed there, and makes them available to those without access to the posted copies:
Geneva Conventions.
Facility regulations, orders, and notices (printed in the languages of detainees and/or depicted in such a manner as to ensure understanding by all detainees in the facility) relating to the conduct and activities of detainees.
3-17. The detention facility commander maintains a copy of, and strictly accounts for, all documents (including photographs) on file as designated by the SOP or by command policies. Commanders provide copies to all DOD and Army assessment or investigative authorities as requested, ensure safe and proper storage, and account for records in archives.
3-18. Regulations and other guidance relative to the administration, employment, and compensation of detainees are prescribed in detail in AR 190-8, Department of Finance and Accounting Service– Indianapolis (DFAS-IN) 37-1, FM 1-06, FM 4-02, and FM 27-10.